Gerard Baden-Clay Trial Live Coverage: Day 15, Week 5

Defence counsel Michael Byrne QC continued his closing address to the jury, focusing on three key points.

The scratches

Mr Byrne said the scratches which appeared on Mr Baden-Clay's on the morning he reported his wife missing could not be relied upon to convict his client of murder. Mr Baden-Clay has dismissed the injuries as shaving cuts, although four forensic experts have told the court the abrasions are more consistent with fingernail scratches. Mr Byrne said expert forensic witnesses could not rule out that the injuries were caused by a razor.

"You will not be satisfied that razor scrapes cannot be excluded and that would be the end of your consideration of that piece of evidence," he said.

The depression

Mr Byrne pointed to evidence from forensic psychiatrist Dr Mark Schramm who reviewed Mrs Baden-Clay's medical records. Dr Schramm said Mrs Baden-Clay may have been on the verge of a relapsing into depression after the revelation of her husband's infidelity.

Mr Byrne said Mrs Baden-Clay may also have been disillusioned by the birth of her nephew in Canada because she had wanted to bear a son to continue the Baden-Clay name.

The alternate scenario

Mr Byrne also painted an alternate scenario for the jury, one in which Mrs Baden-Clay went for walk in the very early hours of April 20, 2012, to "clear her head", but became disorientated and kept on walking.

"And at some time and for some reason she ends up in the river," he said.

A photograph of Gerard Baden-Clay's razor. Photo: Court Exhibit

4:35pm on 7 Jul 2014

Court has adjourned for the day.

Mr Byrne will continue his closing address to the jury from 10am tomorrow.

4:33pm on 7 Jul 2014

Mr Byrne said Mrs Baden-Clay may have left her house in the early hours of April 20, 2012, in a distressed state.

"What if she decided to go for a walk at that time to clear her head? What if, because of her depression she takes a Zoloft tablet about 10 or 11pm? That might explain her changing into her walking clothes, which she's found in," Mr Byrne said.

"She leaves the house after placing Gerard's phone on the charger about 1.48am. She walks her usual walk along Boscombe Road and then decides to walk a bit further ... she keeps walking.

"Around 4am the drugs would peak in her blood stream, the medication absorbed in the stomach."

Mr Byrne said Mrs Baden-Clay could have been adversely affected by the increased level of the antidepressant Sertraline in her system that could have cause her to hallucinate.

"And at some time and for some reason she ends up in the river," he said.

"The autopsy can't rule out drowning, it can't rule out a possible fall, or jump from the bridge ...

"That's just a scenario, you may reject it, but it's something you might think is open on the evidence ..

"This trial is a murder trial. It's about you being satisfied beyond reasonable doubt that this man here, for no apparent reason, with no apparent means, managed to kill his wife and dispose of her body."

Boscombe Road. Photo: Google Earth

4:15pm on 7 Jul 2014

"Let's look to see if there was any other factor, any other stressor, a trigger for a recurrence or relapsing in the depressive illness. In particular, let's talk about this one ..." Mr Byrne said.

"Allison so wanted a son after having two girls."

She gave birth to her third daughter in 2006.

Mr Byrne urged to the jury to factor in, "as far as a trigger is concerned", the birth of Mr Baden-Clay's nephew in Canada on the evening of April 18, 2012.

Allison Baden-Clay.

4:11pm on 7 Jul 2014

Mr Byrne said there were "symptoms of the past recurring" with regard to Mrs Baden-Clay's depression on the night she disappeared.

"There was a high chance at that time that she was relapsing into her depressive illness," he said.

Mr Byrne has turned his attention to Mrs Baden-Clay's history with depression and anxiety.

He recalled the evidence of forensic psychiatrist Dr Mark Schramm.

"One could imagine that the stress association wit the problems in the marriage could have contributed to thoughts of suicide. One could imagine that even though she'd learnt about that, I understand, some time beforehand, that those wounds may have become more raw upon visiting the Relationships Australia counsellor. So I don't I can confidently say there's nothing in the notes that I've seen to suggest that she might be a risk," Dr Schramm said.

The Baden-Clays had seen Relationships Australia counsellor Carmel Ritchie on April 16, 2012, to discuss Mr Baden-Clay's infidelity.

This counsellor did not know that Allison had a lengthy history of depression #badenclay

Mr Byrne has turned his attention to the injuries which appeared on Mr Baden-Clay's face on the morning he reported his wife missing.

"[He] never made any attempt to conceal the marks on his face," Mr Byrne said.

"He was the one who called police to his home on the morning of the 20th of April. His face was there for all to see. There was no attempt to conceal it."

Mr Baden-Clay dismissed the two abrasions on his right cheek as shaving cuts. But four forensic experts, who testified at the trial, said the abrasions were more consistent with fingernail scratches.

Mr Byrne said Mr Baden-Clay explained the two shaving cuts in an "open and candid fashion". He said Mr Baden-Clay's explanation remained consistent throughout the police investigation into his wife's disappearance and the trial.

"What is abundantly clear is that clearly Gerard Baden-Clay was not concerned about those marks. He never gave an alternate explanation," he said.

3:09pm on 7 Jul 2014

The court has again been shown a time-lapse video depicting the rising and falling tide in Kholo Creek.

The video shows large debris being washed against the banks.

The defence has suggested Mrs Baden-Clay's was washed up on the muddy bank after she took her own life at the Kholo Creek bridge.

Kholo Creek. Photo: Court Exhibit

2:34pm on 7 Jul 2014

"Both Gerard and Allison both had insurance policies," Mr Byrne said.

"Nothing of those policies are inappropriate ... for the parents of three young girls."

Mr Baden-Clay contacted his wife's insurance company the day after her body was discovered on April 30, 2012. The real estate agent said he contacted the insurer on the advice of his father Nigel Baden-Clay.

He has sought to discredit the prosecution's key allegations that love and money were motives for the killing of Allison Baden-Clay.

Mr Byrne said Mr Baden-Clay had no intention of leaving his wife for his long-time mistress Toni McHugh and was not under "significant financial stress" at the time of his wife's disappearance two years ago.

He has also pointed to the lack of evidence linking Mr Baden-Clay to the crime scene at Kholo Creek and warned the jury not to make excuses for the absence of forensic evidence "because Allison is dead and someone must be punished".

Mr Byrne has also urged the jury not to be swayed by "sensationalist media reports" and consider only the facts presented in court, saying the murder trial is not a "soap opera" or "whodunit play".

The court has adjourned for lunch and will resume at 2pm for legal argument.

The jury will be required to return at 2.30pm.

1:00pm on 7 Jul 2014

Mr Byrne said the three friends - Robert Cheesman, Stuart Christ and Peter Cranna - who had each loaned Mr Baden-Clay $90,000 were not concerned about the real estate agent's financial position in early 2012.

Byrne: "These aren't lightweights in an accounting sense." speaking of #badenclay's three friends who provided $275,000 in loans. @abcnews